A tobacco product with a label, labeling, or advertising that uses the descriptor “light,” “mild,” or “low,” or a similar descriptor, is a “modified risk tobacco product” under section 911(b)(2)(A)(ii) of the FD&C Act (21 U.S.C. 387k(b)(2)(A)(ii)). A tobacco product is also considered a “modified risk tobacco product” under section 911(b)(2)(A)(i) of the FD&C Act (21 U.S.C. 387k(b)(2)(A)(i)) if its label, labeling, or advertising explicitly or implicitly represents that (1) the product presents a lower risk of tobacco related disease or is less harmful than one or more other commercially marketed tobacco products (2) the product or its smoke contains a reduced level of a substance or presents a reduced exposure to a substance or (3) the product or its smoke does not contain or is free of a substance. Under section 911(a) of the FD&C Act (21 U.S.C. 387k(a)), no person may introduce or deliver for introduction into interstate commerce any modified risk tobacco product without an FDA order in effect under section 911(g) of the FD&C Act (21 U.S.C. 387k(g)). A product that is in violation of section 911(a) of the FD&C Act (21 U.S.C. 387k(a)) is adulterated under section 902(8) of the FD&C Act (21 U.S.C. 387b(8)). Because the website uses the descriptor “Light,” or similar descriptors for the above listed products and includes claims that the above products contain a reduced level of a substance, these products are modified risk tobacco products. Because these products are offered for sale to customers in the United States without an appropriate FDA order in effect under section 911(g) of the FD&C Act (21 U.S.C. 387k(g)), these products are adulterated under section 902(8) of the FD&C Act (21 U.S.C. 387b(8)).

My cheap cigarettes deal went up in smoke

I recently returned to the UK and once I had smoked all my duty frees, I could not face paying 6 a packet.

I found a website which offered to send cartons of Marlboro Lights for around 2 a packet. I paid more than 40 for two cartons and waited. When the package eventually arrived, I then had to pay more than 100 to Revenue & Customs.

Have I been had? AW, Yorkshire

You used which is based in the Netherlands Antilles although its parent company is in the Seychelles. And you had to pay through a Polish system called dotpay.

But although there was a delay in your cigarettes arriving, you did get them (not before you had to buy many more at UK prices).

What this company does not do is guarantee you won’t be hit for duty and adding purchase and Customs costs exceeds the UK price. The site’s solution that you order another six cartons which it would send to you via another carrier (when it would also adjust prices to compensate for your disappointment) does not hold water.

Customs are on the lookout for all tobacco imports. The rules are clear. While you can go to the EU and buy tobacco at local prices and then bring it back without duty, the only duty free imports allowed through the post are occasional small gifts sent by private individuals. Here your cigarettes were sent from outside the EU, where the rules are even more stringent.

It is nonsense to suggest changing the carrier will alter anything Customs will still inspect incoming parcels and tobacco is easy to detect. You will be throwing good money after bad.

Your choice is now between giving up (the NHS has programmes to help) visiting the EU often, or paying full price for your habit.

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